ORDINANCE NO. 903-C.S.
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PACIFICA AMENDING SECTION 5-2.03, “VIOLATIONS: ABATEMENT”, SECTION 5-2.05, “NOTICES OF HEARING”, SECTION 5-2.06, “HEARINGS: DETERMINATIONS” AND REPEALING SECTION 5-2.07, “APPEALS” AND SECTION 5-2.08, “REMOVAL” OF CHAPTER 2, “VEHICLES PARKED FOR SEVENTY-TWO HOURS OR MORE” OF TITLE 5 OF THE PACIFICA MUNICIPAL CODE RELATED TO PARKING EXCEEDING 72 HOURS WHEREAS, the City of Pacifica has received an increasing number of complaints related to parking of vehicles for an extended amount of time on City streets, particularly in residential neighborhoods, where parking can be challenging; and WHEREAS, California Vehicle Code section 22507 authorizes the City to adopt ordinances or resolutions, to prohibit or restrict the stopping, parking, or standing of vehicles; and
WHEREAS, California Vehicle Section 22651(k) authorizes cities to remove a vehicle located within its jurisdiction if a vehicle is parked or left standing for 72 or more consecutive hours in violation of a local ordinance authorizing removal; and WHEREAS, staff is now recommending that the City Council consider proposed amendments to the Municipal Code to provide clarity on how far a vehicle needs to move to be considered in compliance with the law; and
WHEREAS, the City Council has considered all information related to this matter, as presented at the public meeting of the City Council identified herein, including any supporting reports by City Staff, and any information provided during public meetings; NOW, THEREFORE, the City Council of the City of Pacifica does ordain as follows:
Section 1. Recitals. The City Council of the City of Pacifica does hereby find that the above referenced recitals are true and correct and material to the adoption of this Ordinance.
Section 2. Amendment. Section 5-2.03, “Violations: Abatement”, Section 5-2.05, “Notices of Hearings” and Section 5-2.06, “Hearings: Determinations” of Chapter 2, “Vehicles Parked for Seventy-Two Hours or More” within Title 5 of the Pacifica Municipal Code are hereby amended by repealing Section 5-2.03, Section 5-2.05 and Section 5-2.06 in their entirety and replacing those Sections to read as follows:
“Sec. 5-2.03. - Violations: Abatement.
(a) No person who owns or has the possession, custody, or control of any vehicle shall park such vehicle or leave the vehicle standing upon any highway for a period of more than seventytwo (72) consecutive hours. Any vehicle that has been parked or left standing in the same location or parking spot for seventy-two (72) consecutive hours must be moved at least one thousand (1,000) feet (approximately two-tenths (2/10) of a mile) from its current location and may not return to within one thousand (1,000) feet (approximately two-tenths (2/10) of a mile) of the same location or parking spot for at least twenty-four (24) hours after its departure. A vehicle ORDINANCE NO. 903-C.S.
shall be deemed to have been parked or left standing in violation of the seventy-two (72) hour parking limit if:
1. The vehicle has not been moved at least one thousand (1,000) feet (approximately two-tenths (2/10) of a mile) from the location or parking spot where it was originally parked or left standing for seventy-two (72) consecutive hours; or
2. Less than twenty-four (24) hours after the vehicle is moved in accordance with this Section, the vehicle returns to within one thousand (1,000) feet (approximately two-tenths (2/10) of a mile) of the same location or parking spot where it was previously parked or left standing for seventy-two (72) consecutive hours.
(b) In the event a vehicle is in violation of subsection (a) of this section, any member of the Police Division of the Department of Public Safety authorized by the Director of Public Safety may remove such vehicle from the highway in the manner provided in, and subject to the requirements of, the Vehicle Code of the State and this chapter. (c) This section shall not apply to those vehicles displaying a valid regular permit or provisional permit issued in accordance with the temporary safe parking program pursuant to Section 4-
7.1207.
(d) Whenever a member of the Pacifica police department or other authorized city employee removes a vehicle from the street pursuant to this Section and causes it to be stored or impounded as permitted by this chapter and the California Vehicle Code the police chief or their designee shall comply with California Vehicle Code Section 22852, as may be amended or renumbered from time to time, governing post-storage notice and hearing requirements for registered and legal owners of record.
(e). The police chief or his or her designee may establish and promulgate written administrative guidelines governing enforcement of the seventy-two (72) hour parking limit and said guidelines shall be made accessible to members of the public.”
“Sec. 5-2.05. - Notices of Removal.
Prior to removing any vehicle from the street for violation of Section 5-2.03 of this chapter, a warning notice advising that the vehicle will be removed or towed for violation of Section 5-2.03 of this chapter shall be conspicuously affixed to the vehicle providing notice that if the vehicle is not moved at least 1,000 feet (approximately two-tenths of a mile) from its current location within the next 72 hours it will be removed. The notice shall also advise that the vehicle shall not be returned to within one thousand (1,000) feet (approximately two-tenths (2/10) of a mile) of its current location or parking spot for at least 24 hours after departure and, if it does return, it will be subject to immediate removal.”
“Sec. 5-2.06. Hearings: Determinations
In the event a hearing is requested, it shall be conducted as follows:
(a) Conduct of hearings. All hearings shall be held before a Vehicle Hearing Officer, appointed by the police chief, who shall hear all pertinent facts and testimony. The Vehicle Hearing Officer shall not be limited by the technical rules of evidence. The owner of the vehicle and any other ORDINANCE NO. 903-C.S.
interested person may appear in person at the hearing or present a sworn written statement in time for consideration at the hearing.
(b) Determinations. Should no one appear at the time and place set for the hearing before the Vehicle Hearing Officer, either in person or writing, it shall be conclusively presumed that such vehicle is in violation of the provisions of Section 5-2.03 of this chapter. (c) At the conclusion of the hearing, the Vehicle Hearing Officer may find that a vehicle is in violation of said Section 5-2.03 and issue an order the violation and determine the administrative costs and the costs of removal to be charged. The order shall include a description of the vehicle and the identification number and license number of the vehicle, if applicable. The Vehicle Hearing Officer may impose such conditions and take such other action as he deems appropriate under the circumstances to carry out the purposes of this chapter.
Should the Vehicle Hearing Officer find that the vehicle is not in violation of said Section 5-2.03, the proceedings shall cease. If any interested person makes a written presentation to the Vehicle Hearing Officer but does not appear, such person shall be notified in writing of the decision.
Section 3. Repeal. Sections 5-2.07, “Appeals” and 5-2.08, “Removal” within Chapter 2 of Title 5 are repealed in their entirety.
All other Sections within Chapter 2 of Title 5 not otherwise amended or repealed herein shall remain unchanged.
Section 4. Compliance with CEQA. The City Council hereby finds that the action to adopt this Ordinance is exempt from the provisions of the California Environmental Quality Act (CEQA), under Section 15061(b)(3) of the CEQA Guidelines (14 Cal. Code Regs. 15000 et seq.) because it can be seen with certainty that there is no possibility that the adoption of this Ordinance may have a significant effect on the environment.
Section 5. Severability. If any section, subsection, sentence, clause or phrase of this Ordinance is for any reason held to be invalid, such decision shall not affect the validity of the remaining portions of this Ordinance. The City Council hereby declares that it should have adopted the Ordinance and each section, subsection, sentence, clause or phrase thereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses or phrases be declared unconstitutional.
Section 6. Publication. The City Clerk is hereby ordered and directed to certify the passage of this Ordinance by the City Council of the City of Pacifica, California, and cause the same to be published in accordance with State law.
Section 7. Effective Date. This Ordinance shall go into effect thirty (30) days after the date of its passage and adoption.